Public Defenders
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Murder: s.19A - Natural Life

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.


    NAME
    DATE
    PLEA
    SENTENCE
    APPEAL
    RECORD
    HOW KILLED
    INVOLVEMENT & SUMMARY
    GLOVER
    (57)
    NSWSC
    Wood J
    29.11.1990
    VG
    6 x murder
    Rob with wounding
    Robbery
    Wound W/I to do GBH
    Lifesteal, indecent assault, AOABHAssaulted“Granny killer” - attacks on elderly women
    CAMERON
    (37)
    NSWSC
    Newman J
    16.10.1992
    VGLifeprior murder x 2assaulted and drowned in bloodLured female through radio ad for relationship. Similar offence committed previously
    TWALA
    (30)
    NSWSC
    Sully J
    18.3.1993

    NSW CCA
    4.11.1994
    VGLifeAA
    MT 15y
    AT 5y
    nilstabbed

    intent GBH
    Brutal stabbing of estranged wife.
    Psychiatric history. Diminished responsibility rejected.
    GARFORTH
    (29)
    NSWSC
    Newman J
    9.7.1993

    NSW CCA
    23.5.1994
    PGLifeADlengthydrownedAbducted, sexually assaulted and drowned 9y female.
    TROTTER
    (57)
    NSWSC
    Hunt CJ at CL
    10.8.1993
    VG
    Murder
    Homo intercourse
    LifeDied in custodyrape, psychiatric history “dangerous”drowned

    intent to kill
    Sexual assault of 2y boy and placed him in river. Diminished defence rejected.
    STEELENSWSC
    Hunt CJ at CL
    12.5.1994
    PG
    3 x Murder
    LifeCrown ADminorShot and pushed over cliff

    intent to kill
    3 men shot, siege followed.
    S shot one man and aided and abetted killing by co-offenders.
    STREETNSWDC
    Dunford J
    29.6.1995

    NSW CCA
    17.12.1996
    VG
    2 x Murder
    LifeADviolence, sexual offencessuffocated / stabbedSuffocated wife. Stabbed new female partner 12 weeks later. Second V found in suitcase by police at A’s premises during search regarding death of As wife.
    BAKER
    (46)
    NSW CCA
    20.9.1995
    PG
    6 x Murder
    Attempt murder
    LifeADminorshot

    intent kill
    Murdered 6 people after breakdown of relationship with one of victims.
    MILATNSWSC
    Hunt CJ at CL
    27.7.1996

    NSW CCA
    26.2.1998
    VG
    7 x Murder
    Detain for advant
    LifeConviction ADpriors of violence2 x shot
    3 x stabbed
    2 x strangled

    intent kill
    “Backpacker murders”. Dec 1989 - April 1992. Savage attacks, with degree of sexual assault.
    B FERNANDO
    (27)

    V FERNANDO
    (26)
    NSWSC
    Abadee J
    21.8.1997

    NSW CCA [66]
    14.4.1999
    VGLife


    Life
    ADlengthy


    lengthy
    stabbed


    intent kill
    Sexual assault & killing of nurse with machete at Walgett. V surprised A as they were stealing her car. Aboriginals.
    LEONARD
    (24)
    NSWSC
    B-Parker J
    10.11.1997

    NSW CCA
    7.12.1998
    VG
    murder

    PG
    Murder
    LifeADbow & arrow

    stabbed

    intent kill
    Shot V with bow & arrow after alleged homosexual advance. Cut up body and threw in river. Second murder of taxi driver by stabbing.
    GLASBY
    (41)
    NSWSC
    Sully J
    11.6.1998

    NSW CCA [83]
    22.6.2000
    VGLifeADvery bad, including robbery and armed robbery with woundshot

    intent kill
    Contracted with V’s wife to do murder.
    SMITH
    (53)
    Simpson J
    10.9.1998

    NSW CCA [202]
    14.6.2000
    VGLifeADlengthy, including murdershot

    intent kill
    Drove V to Botany Bay, shot and buried him. Took large amount of money from V. Evidence that V was threatening A corrupt relationship with police. Premeditated and planned killing.
    SUCKLINGNSW CCA [36]
    15.3.1999
    VGLifeADbody never foundKilled prostitute and dismembered body, burying her in outback New South Wales.
    ROSE

    Co-offender: LEWIS
    NSW CCA [327]
    11.10.1999
    PG
    5 x Murder
    LifeADNot statedNot stated

    Intent to kill
    5 gangland / contract murders. Facts not stated.
    HARRIS
    (30)
    (2000) 111 A Crim R 415
    NSWSC
    Bell J [285]
    7.4.2000

    (2000) 121 A Crim R 345
    NSW CCA [469]
    20.12.2000
    PG
    3 x murder
    1 x AR
    40y
    NPP 25y
    Crown AA
    Life
    not seriousstrangled

    intent kill
    Strangled male suffering effects of stroke in own home. Later strangled intellectually disabled woman he befriended in her home. Finally strangled male neighbour and disposed of body in country. Second and third killings motivated by desire to kill.
    LEWIS
    (62)



    Co-offender: ROSE
    NSW SC
    Ireland J
    9.6.2000

    NSW CCA [448]
    9.11.2001
    VG
    2 x murder
    LifeADnilshooting and stabbingParticipated in joint criminal enterprise with Rose in killing of de facto and her business employee - victims killed by Rose inside business premises - premises set on fire - contract killing.
    VALERA
    (19)
    NSWSC
    Studdert J [1220]
    21.12.2000

    NSW CCA [50]
    12.4.2002
    VG
    2 x murder
    LifeADnilassault / strangled

    intent kill
    Bashed to death 59y male in own home then mutilated body. Random killing. Two weeks later bashed and strangled 68y male in own home and mutilated body. Nothing to mitigate killing.
    Physically and verbally abused by father throughout childhood - mother left home when offender aged 3.
    KANAAN
    (26)
    NSWSC [959]
    Greg James J
    31.10.2001
    VG
    2 x murder
    Mal wounding with intent
    Lifeminorshooting

    intent to kill
    Became involved in minor altercation outside hotel - stepped out of car and shot three men - no provocation - comments immediately following shooting demonstrated no remorse and continued dangerousness. Heinous nature of offence demonstrating callous and ruthless attitude to human life and level of dangerousness of offender.
    No explanation in background of offender for brutal behaviour - no prospects of rehabilitation
    KNIGHTNSWSC [1011]
    O’Keefe J
    8.11.2001
    PGLifenilstabbing

    intent to kill
    Pre-meditated murder of de facto husband - stabbed victim at least 37 times inside home - mutilated body - gruesome nature of offence placed it in most serious category.
    History of violence - offender enjoyed horrific mutilation - suffering incurable borderline personality disorder - no prospects of rehabilitation - continuing dangerousness to society.
    NGO
    (43)
    NSWSC [1021]
    Dunford J
    14.11.2001
    (2001) 125 A Crim R 495

    (2003) 57 NSWLR 55
    VGLifeConviction ADnilshootingArranged for the shooting murder of politician - gunned down outside house - motivated by political ambition - several prior attempts made - long period of planning
    Vietnamese - evidence of good community work as Deputy Mayor and honourary president of Mekong Club - model prisoner - on protection
    MILES
    (27)
    NSWSC [84]
    Hidden J
    26.2.2002

    NSW CCA [276]
    18.7.2002
    PG25y
    NPP 19y
    Crown AA
    Life
    murderstabbingServing jail sentence for murder of girlfriend in 1990 when 18 years of age. Escaped from prison to be with a new girlfriend. Found her with another male. Stabbed her in presence of her children.
    Had been model prisoner.
    KANAAN
    (23)
    NSWSC [774]
    Wood CJ at CL
    29.8.2002
    VGLifeServing life sentence for 2 murders - breached bondshooting

    intent to kill
    Killing of notorious and vicious principal in extensive criminal organisation involved in drugs and protection by associates – Motive was to improve offender’s own criminal activities - Use of firearms an aggravating circumstance
    Principal - Hardened criminal
    FYFFE
    (33)



    Co-offender: HORE
    NSWSC [751]
    Barr J
    29.8.2002
    VGLifelengthy recordassault with blockCarefully planed execution of fellow prisoner in prison - Sandstone block dropped on head of victim several times- Extensive and horrendous injuries - 3 offenders involved although cannot identify precise role of each - No evidence as to motive
    Deprived and cruel childhood
    HORE
    (34)



    Co-offender: FYFFE
    NSWSC [749]
    Barr J
    29.8.2002
    VGLifemurder - poor prison record - continued violenceassault with blockCarefully planed execution of fellow prisoner in prison - Sandstone block dropped on head of victim several times- Extensive and horrendous injuries - 3 offenders involved although cannot identify precise role of each - No evidence as to motive
    Anti-social personality traits
    MERRITT
    (30)
    NSWSC [1159]
    Greg James J
    4.12.2002

    NSW CCA [19]
    3.3.2004
    PG
    3 x Murder
    LifeAA
    34y
    NPP 27y
    minor suffocation

    intent to kill
    Father killed his 3 children aged 11w, 11m and 6y on custody visit - No explanation for killing - Incomprehensible action - no evidence of mental disorder
    Insufficient weight given to A’s depressive state – Sentence patterns show life not imposed in cases of parents murdering children.
    SIEVERS
    (58)
    NSWSC [1257]
    18.12.2002
    Sully J

    NSW CCA [463]
    17.12.2004
    VGLifeADserious record for violence - shooting murder of estranged wifestabbing

    intent to cause GBH
    Stabbed de facto wife during argument - Disposed of body in country - Volatile and violent relationship - Element of provocation
    Protective custody - Health problems - Disturbed and violent childhood - Personality disorder making him dangerous in domestic situations involving extreme stress
    GONZALES
    (20)
    NSWSC [822]
    James J
    17.9.2004
    VG
    3 x Murder
    LifeNilStabbing - striking and strangling one victim

    Intent to kill
    Stabbed father, mother and 18y sister in their home - made it look like racially motivated attack – premeditated – tried to poison mother 10 days before murder
    False alibi – no mitigation of objective seriousness of offence – no contrition – risk of dangerousness
    ASLETT
    (33)
    NSWSC [1228]
    Wood CJ at CL
    15.12.2004
    PG
    Murder
    2 x s.61JA
    8 x s.97(2)
    2 x s.97(1)
    Sp agg kidnapping
    Agg car jacking
    Att obtain $ by deception
    3 x LMV

    Sched:
    9 similar offences
    Murder:
    Life

    Other Offences:
    36y
    NPP 28y
    (partially cumulative to existing sentence)
    Lengthy and disturbing – almost continuous custody since 11 years old – recently sentenced to 40y NPP 30y for brutal home invasion and sexual assault on 16y female occupantGunshot

    Felony murder
    Murder involved attempt robbery of male proprietor of pharmacy – struggled with victim in car, took out loaded gun to threaten and gun discharged
    Other offences committed over 3 months – stole care with female occupant using knife and gun – sexually assaulted complainant twice – robberies of various retail premises using guns and knives – co-offenders
    Drug abuse – some remorse - finding of dangerousness – psychological profile suggests no hope of rehabilitation
    COULTER
    (41)
    NSWSC [101]
    G. James J
    24.2.2005
    PGLifeNilSmothered

    intent to kill
    Killed 11y daughter of cousin – Planned to kill so would be forced to commit suicide – Smothered V in own home – Took body to bushland and grossly mutilated body before genuine attempt at suicide – carefully planned
    Suffering severe depression, pervasive and intrusive violent thoughts and obsessive compulsive disorder - dangerousness
    VILLA
    (36)
    NSW CCA [4]
    13.4.2005
    VG
    2 x Murder
    Shoot W/I murder
    3 x Att murder
    LifeADMinorShooting / Stabbing / Strangulation

    Intent to kill
    Entered home of victims to collect debt – Tied up adults – shot male victim – shot, stabbed and strangled female victim – Shot child in head twice – Set fire to house to kill three children – attempt to avoid detection – Overall culpability justifies life sentence
    ADANGUIDINSWSC [519]
    Barr J
    3.6.2005
    VG
    3 x Murder
    LifeNot statedShooting / Assault

    Intent to kill
    Shot dead two occupants of unit during robbery – tortured then bashed to death third victim – wife and children of offender’s casual lover – intent to rob - careful planning
    Some degree of mental illness although not mitigating criminality
    BURRELL
    (44)
    NSWSC [581]
    Barr J
    9.8.2006
    VG
    Murder
    Detain for advantage
    LifeModerate recordUnknownCarefully planned kidnapping of female friend for ransom – body never recovered
    HILLSLEY
    (53)
    NSWSC [652]
    Hidden J
    4.7.2005

    NSW CCA [312]
    28.9.2006
    PG
    Murder
    4 x Agg sexual ass
    Kidnapping
    Murder:
    16y
    NPP 12y

    Total:
    30y
    NPP 25y
    Crown AA
    Life
    Paedophile offencesHammer

    Intent to inflict GBH
    Offences committed after 1.2.2003
    Broke into house of male acquaintance and killed sleeping V – Earlier argument over money - Sexually abused V’s 10y step-daughter 3 times (oral/vaginal/anal) and abducted her ‘as payback’ – Sexually abused her a few days earlier
    ‘Unfortunate upbringing’ – irresistible impulses for young girls – risk to community –gambling problem – escaped from custody though at large for only one day
    TIWARY
    (24)
    NSWSC [1156]
    Adams J
    6.11.2006
    VG
    2 x Murder
    25y
    Life
    NilAssault and stabbingOffence committed after 1.2.2003
    Killed two men sharing premises – first victim assaulted with baseball bat – Second victim assaulted with bat and stabbed several hours later – First victim stabbed in neck – No motive – Pre-meditated
    Student from Singapore – Out of character – No psychiatric evidence
    DARWICHE
    (26/28)






    EL-ZEYAT
    (23)

    AOUAD
    (22)


    OSMAN
    (25)
    NSWSC [1167]
    Bell J
    10.11.2006
    VG
    Mal discharge firearm W/I
    Shoot W/I to murder
    2 x Murder

    3 x Murder


    3 x Murder



    2 x Murder
    2 x Life







    3 x Life


    3 x Life



    30y
    NPP 25y
    Relatively minor – breached bond






    Relatively minor


    Relatively minor – Breached bond


    Relatively minor
    Shooting

    Intent to kill
    Offence committed after 1.2.2003
    Ongoing dispute between two families originally over drug business – ongoing violence
    June 2001 – D entered bedroom with co-offender - fired five shots at male – intent to kneecap not kill – serious injuries
    July 2003 – D and co-offender fired 55 round from SKS semi-automatic rifles at house after luring out occupants – no one injured
    Aug 2003 – D, E and A fired at second house using SKS rifles and pistols – O driver – sleeping female and male killed
    16 days later – E and A shot brother-in-law in broad daylight at service station – ‘planned, brazen and merciless assassination’
    Nothing in mitigation.
    JOHNSON
    (53)
    NSWSC [274]
    Whealy J
    29.3.2007
    VG
    2 x Murder
    Dishonesty offences
    LifeMinor trafficStrangulation

    Intent to kill
    Offence committed after 1.2.2003
    Tied up and strangled retired couple in their own home – trusted handyman – Stole money from bank accounts – financial difficulties – well planned offence
    TAN
    (38)
    NSWSC [684]
    Price J
    29.6.2007
    VGLifePriors – no violence – drug offence – breached bondsHydrochloric acid

    Joint criminal enterprise to inflict GBH
    Arranged and paid $10,000 for attack on male victim – intended to flush from hiding victim’s brother in law who owed over $500,000 – hydrochloric acid poured over victim’s face – wife and victim threatened with gun, victim’s skull fractured by blow to head with gun - died three weeks later - intended to cause grievous bodily harm only – one of the principals
    Indonesian – prospects of rehabilitation
    DONAI
    (33)



    Co-offender:
    WEIGHTMAN
    23.12.2005
    NSWSC [502]
    Fullerton J
    23.5.2008
    VG
    2 x Murder
    LifeMinor – but did admit in undercover operation to undetected criminal misconductAsphyxiation

    Intent to kill
    Contract killing with victim’s adopted son – Son sedated parents with drugs in tea – Offender entered house and suffocated both victims within short space of time – bodies placed in car and pushed off embankment to suggest car accident – principal offender – promised $17,000
    Amateurish and unprofessional killing – not satisfied as to future dangerousness
    GILHAM
    (23 at killing
    38 at sentence)
    NSWSC [138]
    Howie J
    11.3.2009
    VG
    2 x Murder
    LifeStabbing

    Intent to kill
    Stabbed parents to death in house and set fire to house – multiple stab wounds - claimed to have stabbed brother when he found brother standing over bodies and admitting to stabbing parents – charged with manslaughter and given 5y GBB – carefully planned killing of parents intending to lay blame on brother – groundwork laid several weeks before killing – delay in charging caused by acceptance by police and family of story – motive unclear – ‘consummate liar and brilliant actor’
    Model son, employee and husband – Subsequently married with three children – no evidence of psychiatric condition
    WALSH
    (69)
    NSWSC [764]
    McCallum J
    7.8.2009
    PG
    3 x Murder
    Att murder
    2 x Murder
    Life
    Att Murder
    16y
    NPP 12y
    Murder
    20y
    NPP 15y
    NilAssault, stabbing and drowning

    Intent to kill
    Offence committed after 1.2.2003
    Grandfather hit wife with hammer and stabbed her to death – drowned 5y granddaughter in bath – assaulted 7y grandson with hammer then drowned in bath – bodies placed in bed – killed dog – children in care of grandparents while mother at work – lied to school about children being ill – assaulted daughter with axe when she returned to house – brain and skull injuries – planning and premeditation – no explanation for killings – murder of children worst case – murder of wife mid-range – assault on daughter well above mid range
    No mental illness
    MEHTA
    (42)
    NSWSC [814]
    Grove J
    14.8.2009
    PG
    2 x Murder
    Murder of wife
    30y

    Murder of Stepdaughter
    Life
    Assault on first wife – strangling and threat to killStrangulation

    Intent to kill
    Offence committed after 1.2.2003
    Strangled wife during argument – verbal threats and physical assaults made previously – killing observed by 9y stepdaughter - killed step daughter to prevent her reporting killing to police – method of killing unclear – threw bodies over cliff in Blue Mountains – discovered by bushwalkers 4 weeks later – lied to police – had son assist in deception - killed wife for financial reasons
    No evidence of remorse or rehabilitation




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